New U.S. Policy Makes Green Card Process More Difficult

The Trump administration announced a new policy aimed at making it harder for immigrants in the U.S. to gain permanent residency. The measure will require many applicants to return to their home countries to apply for a green card through an American consulate.

This move will likely have significant effects on groups such as students, tourists, temporary visa holders, and those who overstayed their visas. Under the new policy, they must leave the U.S. before attempting to obtain a green card through a U.S. citizen spouse or employer sponsorship.

Many immigrants may find it challenging to return to the U.S. due to existing travel bans affecting 39 countries, mainly in Africa and Asia. Additionally, another policy suspending all immigrant visa grants to people from 75 countries could further complicate efforts for a permanent move.

The memo published Friday seeks to dramatically restrict when the USCIS can allow immigrants to get a green card through the ‘adjustment of status’ process.

Michael Valverde, a former senior official at USCIS, stated that the changes could disrupt plans for hundreds of thousands of families and employers every year. He described the move as largely unprecedented in its potential to limit lawful immigration.

The memo directed USCIS officers to treat the adjustment of status process as an exceptional measure and to view its use instead of the overseas consular process as an adverse factor. While exemptions exist for certain visa holders like high-skilled H-1B workers and refugees, these are limited.

USCIS spokesman Zach Kahler emphasized the intention to ensure the immigration system functions as intended by law, reducing the need to track down and remove those remaining illegally after denial of residency.

The announcement may impact hundreds of thousands of cases, given that about half a million people each year obtain green cards through adjustment of status. Many immigrant spouses of U.S. citizens, especially those on student or other temporary visas, could be significantly affected.

Doug Rand, an ex-senior USCIS official, noted the challenges for U.S. citizens trying to live with foreign spouses. He highlighted the risks of individuals being stranded overseas, particularly those from countries with travel restrictions.